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259 F. App'x 598

Abdu v. Mukasey

U.S. Courts of Appeals

Decided December 27, 2007

U.S. Courts of Appeals · decided 2007-12-27

Relies on Barry v. Gonzales · Zhao Quan Chen v. Gonzales

Petition denied in part and dismissed in part by… · Decided 2007-12-27

PER CURIAM:

¶1 Mona Mohammed Abdu, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) denying as untimely and numerically barred her motion to reopen immigration proceedings. We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion to reopen. See Barry v. Gonzales, 445 F.3d 741, 744 (4th Cir.2006). Further, we lack jurisdiction to review the Board’s refusal to invoke its sua sponte authority to reopen proceedings. See Zhao Quan Chen v. Gonzales, 492 F.3d 153, 155 (2d Cir.2007). Accordingly, we deny in part and dismiss in part the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶2 PETITION DENIED IN PART AND DISMISSED IN PART.

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